20221359 Ver 1_WRC Comments_20221129

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROi_1NA
Environmental Quality
October 3, 2022
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MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck©NCDENR.gov
SUBJECT: CA MA
Applicant: Capital Asset Topsail Development, LLC
Project Location: 115 Sound View Drive, adj_ to the A1WW in Hampstead, Pender County
Proposed Project: The applicant proposes to construct a new four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by October 27, 2022. If you have any
questions regarding the proposed project, contact Jason Dail at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY:
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency has no objection to the project as proposed.
**Additional comments may be attached*
This agency has no comment on the proposed project.
It/ This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

North Carolina Wildlife Resources Commission
MEMORANDUM
TO:
Cameron Ingram, Executive Director
Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: November 28, 2022
SUBJECT: CAMA Dredge/Fill Permit Application for Capital Asset Topsail Development,
Fender County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 115 Sound
View Drive adjacent the AIWW in Hampstead, NC. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as
amended (16 U.S.G. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 et seq.).
The applicant proposes to construct a new four slip docking facility. A 6' by 684' access pier, 10' by 12'
uncovered platform, 10' by 20' covered platform, 4' by 48' finger pier, 8' by 24' floating dock, a 5' by 8'
PWC lift, and two 13' by 13' boatlifts are proposed to create the docking facility. The access would begin
landward the wetland line and span intertidal wetlands and open water for approximately 450'. The slips
would be located greater than 90' from the nearshore edge of marsh grass. According to the applicant, the
platform, lifts and floating dock would terminate landward the pier -head alignment and federal channel
setback. Water depths near the PWC lift are approximately -1,7' MLW and deepen to -3.9' for the other
slips. While no submerged aquatic vegetation (SAV) was seen during the NCDCM site visit, aerial
imagery shows the presence of SAV landward the position of the lifts, platform and floating dock. The
MW W at this location is classified SA by the Environmental Management Commission and is designated
a primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF) and is open to shellfish
harvesting.
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
The NCWRC has reviewed the proposal and has the discussed the project with other agencies. This
portion of the AIWW is designated as a PNA. PNAs are defined as those areas inhabited by the
embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable
physical, chemical or biological factors. As a designated PNA, the creek provides an important rearing
area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats.
Therefore, to minimize impacts to the PNA, SAV, shellfish resources, riparian and coastal wetlands, we
recommend the following be included as permit conditions:
• To prevent the floating platform from sitting on substrate, stops should be incorporated into the
design so the platform never sits lower than 18" from the bottom.
• The project has intertidal flats, wetlands, SAV, shellfish, and PNA waters in the area that will
likely be impacted during construction. To minimize impacts to these resources, an April l —
September 30 in -water moratorium should be placed on the project. This includes construction in
open water and wetlands or lands regularly inundated.
• Shoaling may occur within the project vicinity. The placement of permanent structures in this
area may increase the amount of sediment accretion at the docking facility. Due to the
classification of this area as PNA, any future requests for dredging in the area will not be
supported. We request the applicant fully evaluate this potential issue prior project development.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
[e-mail]